AboutJeff Laatsch Expertise WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...
Experience Self taught and experience with working with various Court Clerks.
Question i went to court today to modify vistitations and unfortunely it was denied bc i should have put in a notice to relocate.I didnt want to go further and get accepted but im trying to get into the Air Force and right now our schedule is every other weekend.My judge told me that i need to have paperwork stating i was accepted to do the notice of relocation, but i can still get denied if its not in the childs best interest.He has a past of domestic violence, and has been paying child support since feb 09.His argument is that my son will be taken away from his family which is him and his wife and their son, and i guess his parents. I would like to know the best plan to get my motion granted.
Answer Ivette:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.
If you have not already, I would recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.
In a nutshell Ivette, you will be required to demonstrate that the move would advance the child’s best interest.
Here is some Information on Relocation and laws in place:
Lets be perfectly clear the laws have gotten tougher on Primary parents whom simple desire to 'move' at will. There are a lot of issues concerning moving a child out of State. Many States are adopting new laws to prevent Parents move out of State for the child sake.
Most require that the parent seeking permission to move the child demonstrate that the move would advance the child’s best interest.
Not unlike the present law, the new law provides that a parent cannot relocate out of the state with a minor child unless that parent has:
1. consent of the other parent, if that parent has been given parenting time by an order or decree; or
2. an order of the court allowing the relocation.
As a result, it is incumbent upon the parent seeking to relocate out-of-state to file a motion and acquire an order allowing that relocation before doing so. A failure to follow this procedure creates a serious risk that the dissenting parent may seek an ex parte order changing custody immediately pending a hearing on the relocation issue.
When the matter is considered by the court, a judge may not allow the relocation if it is demonstrated that the purpose of the move is to interfere with parenting time that has been given to the other parent by a decree or order. In the past, when determining whether to allow a parent to relocate with the child, there was a presumption in favor of maintaining the present custodial arrangement.
In other words, the custodial parent had significant advantage in court when seeking to relocate, with a legal presumption in his/her favor. As a direct result, in most cases the relocation was allowed. This presumption and advantage no longer exist under the new law. The end result is that it will be far more difficult for a parent to relocate out-of-state and away from the other parent with a minor child.
Under the new laws, such move-away determinations are made based on what is in the best interests of the child. The factors the court must consider in determining the child’s best interests include, but are not limited to:
1. the nature, quality, extent of involvement, and duration of the child's relationship with the person proposing to relocate and with the non-relocating person, siblings, and other significant persons in the child's life;
2. the age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration special needs of the child;
3. the feasibility of preserving the relationship between the non-relocating person and the child through suitable parenting time arrangements, considering the logistics and financial circumstances of the parties;
4. the child's preference, taking into consideration the age and maturity of the child;
5. whether there is an established pattern of conduct of the person seeking the relocation to either promote or thwart the relationship of the child and the non-relocating person;
6. whether the relocation of the child will enhance the general quality of life for both the custodial parent seeking the relocation and the child, including, but not limited to, financial or emotional benefit or educational opportunity;
7. the reasons of each person for seeking or opposing the relocation; and
8. the effect on the safety and welfare of the child, or of the parent requesting to move the child's residence, or evidence of domestic abuse, as defined in section 518B.01.
It is critical to note that the new laws places the burden of proof on the parent requesting to move the residence of the child to another state.
